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Bad Guy Fire and Ice Dragons (Terri Sommella)

I am pretty sure I saved a screen shot at home. I pulled it up through a cached webpage and I see the line "Please note: No refunds are given on deposits for special order dragons or dragons held for International shipment before the dragon has shipped. Thank you." But the change to the one line is still there. I will have to check when I get home.

I have been in contact with the Littlestown police department and have been faxing them all the documentation I have. Was a bit tricky as she only has a PO Box listed on the site, but I did manage to locate a street address for her.
 
picking apart tos

I know I said let this sink, but I looked F&I site, and noticed shipping is $65 for UPS overnight. Shouldn't UPS run $45-55? Also didn't like the terms, especially when no clause for refunds exists, especially when taking orders for unhatched dragons. What if Terri can't provide the animal? "in the extremely rare situation ... if the worst should happen and the dragon does not survive the shipment ... we will send you a replacement.
Unpredicted things can happen when you deal with animals. Whole clutches lost. Unexpected injury to the animal. Car accident enroute to ups dropoff. Anything.
I looked at several dragon breeders sites to compare terms, and most have a pretty good TOS that covers pretty much what you would expect in somebody's terms. Even those stating no cash refunds, have a line covering inability to replace a dragon.
This person's been in biz 12 yrs? How long have you been selling online Terri?With such a loose TOS that basically anything can happen and it wouldn't cover it. Payment plans I see. Nothing on that should a buyer not be able to complete for w/e reason.
 
$65 is usually the cost when you bring the package directly to a UPS store to buy the label. People that like to save their customers money for shipping use SYR or Reptiles Express which costs about $35/$40.
 
Or you ship on your own account and build up your business with FedEx and not have to worry about the middle man.
 
Either way... the increase in shipping quoted on her site (in my opinion) is a way out of refunding Josh all but the $50 or even now the $100 that he offered! This is one for the law to handle and the BBB. Changing her TOS in the middle of this sale though will not go well for her especially if Josh has the screenshot of the original. She's just trying to cover her butt by insisting on shipping the dragon according to her TOS now. I just hope that she comes to her senses and contacts Josh to work this whole thing out (which I doubt will happen) because this really will steer a lot of business away from her!

Just my opinion and nothing more :)
 
In all fairness, I said I would post once I had contact. I had sent Terri a few emails the last few days and got the following response:

[email protected]
toJosh Davis <[email protected]>

dateFri, Jul 23, 2010 at 5:35 PM
subjectRe:

hide details 5:35 PM (16 minutes ago)


Josh,

I already said you would get your refund so I'm not sure what all of this is about.

Terri

I have not yet seen the paypal email saying I was refunded and I did ask when she planned to issue the refund. As I stated I am not out to get something for nothing so to be fair to Terri, I thought I would post her reply. I will post another reply when the refund has been sent.
 
Terri, what it's about is that some will continue and continue regardless of who was right or wrong in the beginning, and now suppositions will be/are being made and conjectures will be/are being thrown about until you will hardly recognize your own business anymore (and probably wouldn't want to do business with yourself).

It did not help that you sent out private emails in the heat of anger that got posted, changed your TOS in the middle of this mess, and haven't given him a picture.

PAY HIM AND CUT HIM LOOSE.
 
Update. Terri states that she will have the refund to me by Sat July 31st. She states that she will refund the full amount minus the paypal fees. I will post again once I have confirmation that the refund has been made.
 
joshjtd said:
Update. Terri states that she will have the refund to me by Sat July 31st. She states that she will refund the full amount minus the paypal fees. I will post again once I have confirmation that the refund has been made.
Click to expand...

That's great! I hope she comes through.
 
joshjtd said:
Update. Terri states that she will have the refund to me by Sat July 31st. She states that she will refund the full amount minus the paypal fees. I will post again once I have confirmation that the refund has been made.
Click to expand...

This is great to hear and all, but if she refunds through paypal, they refund your paypal fee's also.
 
That's what it seems like she's doing because if the funds were in her Paypal she could just hit the refund button on your transaction and be done with it :) I hope she comes through.. keep us updated!
 
hey, why is it that when theres a "problem" theres 36 pages of replies in less than a month, but when somebody needs help iwth a sick animal they are lucky to get a few replies. IMHO it sounds to me like the buyers conflict resolution skills are in question, im not saying htat in a harsh way AT ALL, all im saying is that theres ways to handle things without breaking out torches and starting a lynch mob because you cant make up your mind or have patience to get what you want, like a red faced kid screaming in the aisle of the grocery store. One thing the buyer hasnt fully understood is that when u get a "hold back" it takes longer, patience has its benefits, u make sure the animal is healthy dont have to pay for food and if something were to go wrong with its health its not your fault. The seller should realize they are dealing with somebody that doesnt truly know what they want and just refund his money and be done with this situation. The origional purchaser didnt understand what the time frame was, and the seller didnt help themselves very much explaining it. Stick to your guns people, as a seller your guns are your TOS and as a buyer their TOS are also your tools. Please everybody, stop fueling this senseless debate,
 
Question I have is ... why is the buyer having to pay the paypal fee's. If She's refunding the money... she should refund ALL the money.
 
I agree... if she just goes back to the transaction she had with him and clicks the refund button.. It will automatically refund the full amout and not include any fees either way which is the way Paypal works! I really don't get her.. is she still trying to get something out of the buyer even though several times he stated that he was willing to forgo $50 to cover the cost and then even went as far as letting her keep $100 but now she's all about him paying the Paypal Fees... I'm confused
 
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